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International Journal of Management, Technology, and Social SRINIVAS

Sciences (IJMTS), ISSN: 2581-6012, Vol. 3, No. 2, December 2018. PUBLICATION

Changing Trends of Divorce in India: Issues &


Concerns
Pinto Vincent1 & Laveena D’Mello2
1
Freston Knowledge Foundation®, Mangalore, Karnataka, India
E-mail: Vincentpinto79@gmail.com
2
Assistant Professor, Social Work Department, College of Social Science and Humanities,
Srinivas University, Mangalore, Karnataka, India
E-mail: lavynoronha@gmail.com

Type of the Paper: Research Paper.


Type of Review: Peer Reviewed.
Indexed in: OpenAIRE.
DOI: https://doi.org/10.5281/zenodo.2203824.
Google Scholar Citation: IJMTS

How to Cite this Paper:


Pinto Vincent., & D’Mello, Laveena. (2018). Changing Trends of Divorce in India: Issues &
Concerns. International Journal of Management, Technology, and Social Sciences (IJMTS),
3(2), 151-157. DOI: https://doi.org/10.5281/zenodo.2203824.

International Journal of Management, Technology, and Social Sciences (IJMTS)


A Refereed International Journal of Srinivas University, India.

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Pinto Vincent et al, (2018); www.srinivaspublication.com PAGE 151


International Journal of Management, Technology, and Social SRINIVAS
Sciences (IJMTS), ISSN: 2581-6012, Vol. 3, No. 2, December 2018. PUBLICATION

Changing Trends of Divorce in India: Issues & Concerns


Pinto Vincent1 & Laveena D’Mello2
1
Freston Knowledge Foundation®, Mangalore, Karnataka, India.
E-mail: Vincentpinto79@gmail.com
2
Assistant Professor, Social Work Department, College of Social Science and Humanities,
Srinivas University, Mangalore, Karnataka, India.
E-mail: lavynoronha@gmail.com

ABSTRACT
Few years ago, divorce was considered as one of the rare social phenomena in the Indian context.
As the society started taking a new shape due to modernization and technological advancement,
the rigid boundaries governing traditional Indian life began to replace with the new outlook as
well as lifestyle. It gave a momentum when women took up employment that increased the
incompatibility of gender because of the change in the position of women. Further, changing
demographic contexts from rural lifestyle to city or metros,shift from extended family system to
nuclear family, selection of spouse in contrary to arranged marriage are the features of changed
scenario in India. In a modern society, dissolution of marriage derives from the idea that living
an independent life is better than keeping marriages in terms of personal welfare. This article
draws on the issues and concerns of marriages due to the changing scenario in socio-cultural life,
technological outburst through social media and other forms media, influence of west, etc that
has challenged the durability of the marriages in India. The aim of this study is to examine the
recent trends on divorce. And the objectives are to know the socio-cultural factors that influence
on the divorce rates and to suggest possible strategies for reducing or solve the problems of
divorce in the family. 50 male and 50 female respondents studied in detail in this research study.
Keywords: Incompatibility, Socio-cultural factors, Divorce, Women, Marital instability, and
Counsellors.
1. INTRODUCTION : traditional definitions and conceptualizations of
‘family’ have changed due to the sudden
The family is generally regarded as a
changes in the society. We witness a steady
major social institution of man' social life.
change in the value systems that influence
Family is a unit of the society created by the
marriage, personal development and family
sacred bonding of the two through marriage.
relationships over the last ten decades. Divorce
Though the family structures have changed over
is not looked down upon in the society today.
the years they have always retained the
While we know divorce was not an open
sacredness of the bond and the purpose of the
discussed topic, there is greater societal
marriage and the family. However, families
acceptance of divorcees in the modern families
today are experiencing unprecedented change
today. Over the last 40 years an increased
and are coping with a variety of problems, both
acceptance of divorce has influenced major
old and new. Technology accompanying
changes in our attitudes on marriage as well as
industrialization and urbanization, with
family life. During the 1970s, the divorce rate
increased population density, frequently is
doubled as young folks' attitudes on fidelity,
identified as making daily life more complex
chastity and commitment became very different
and impersonal. Gender roles have blurred,
from those of their parents [1, 2].
traditional values are being questioned, and even

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International Journal of Management, Technology, and Social SRINIVAS
Sciences (IJMTS), ISSN: 2581-6012, Vol. 3, No. 2, December 2018. PUBLICATION

2. CHANGE IN THE SOCIETY : giving value to marriages & for petty reasons,
their married life fall apart. It is believed that
The change created less of an incentive to work
Indians lead a more stable and contented married
out marital difficulties. In recent times, women
life. Compared to developed countries like UK,
of India have gone through a major cultural
US, etc, the divorce rate in India is quite low.
shift. The societal changes have created a major
The US has an astounding 50% while India has a
influence on men and women especially with
divorce rate of 11%. Britain’s divorce rate
industrialization and urbanization in the 20th
soared six-fold between 1961 and 1991. But
century, and post-World War II when women
from 1991 to 2001, India has seen a rise in
entered the workplace. In response to the spurt
divorce rate, especially in the urban areas. The
in the economy, women are now more educated,
rate has gone up from 7.4% to 11%. The
outgoing and self-reliant.
question arises while looking at the position of
A key feature of the Indian socio-cultural and
the divorce rates that if we are truly leading a
marriage system is the strict policing of
contented married life in the current
sexuality and proscription of sexuality to within
society?Family as believed as an institution is a
marriage for women. A woman who is involved
basic building block of society. Hence the fear
in premarital sex is considered as corrupting the
is that Divorce weakens the base itself. Children
purity of caste. Family and caste councils
of the divorced parents are affected to greater
therefore have assumed the role of policing
degrees which in turn affect the next generation.
women’s sexuality. This is yet another challenge
Wallenstein notes, "It's clear that we've created a
on the stability of marriages. The trend on
new kind of society never before seen in human
selection of spouse is changing from arranged
culture. Silently and unconsciously, we have
type to love matching. Further, the use of
created a culture of divorce." In a crowded
technology in matchmaking through
courtroom on the city's outskirts, the once
matrimonial websites while offering the
unthinkable is reality: dozens of couples – rich
potential to transgress traditional boundaries
and poor, educated and barely literate – seek
seems to have re-entrenched traditional values in
divorce for reasons as varied as domestic
spouse selection. The shift towards greater
violence to a simple inability to live together.
choice in partner selection and ‘companionate’
Just a decade ago, divorce was a dirty word in
marriages in which conjugal power relationship
socially conservative India [5, 6]. The fear of
is less hierarchical could potentially impact
social isolation, a sense of duty to extended
marriage stability. In arranged marriage stronger
families – who likely arranged the marriage in
marital and emotional support will be provided
the first place – and financial dependence put
by the family which might promote
nearly unbearable pressure on couples to stay
reconciliation and help to heal marital wounds.
together. Dating among twenty something is
Professional rivalry between the partners is
growing popular, love matches (as opposed to
another cause of divorce. Either the man files
arranged marriages) don't provoke the family
for a divorce due to ego issues when he sees his
scandals they once did and divorce is no longer
wife more successful than him professionally
out of bounds. In the 1980s, New Delhi had two
[3]. Or a professionally successful woman files
courts that dealt with divorce [7, 8]. Today there
for a divorce when she sees that her husband’s
are 16. A new Indian matchmaking website
position is not at par with hers. Yet other
Secondshaadi.com, or second marriage, now
probability for divorce is extra-marital affairs
targets divorcees and widowers. A search on it
resulting in divorce. Lack of compatibility and
throws up thousands of divorcees, most in the
sluggish sex life between the two are also major
25-to-35 age bracket. As the society started
causes of divorce. With economic prosperity &
taking a new shape due to modernization and
rising incomes, with increased ego between the
technological advancement, the rigid boundaries
partners & professional competition, the number
governing traditional Indian life began to replace
of divorce cases is increasing in India[4].Today
with the new outlook as well as lifestyle. It gave
most young married couples have stopped

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International Journal of Management, Technology, and Social SRINIVAS
Sciences (IJMTS), ISSN: 2581-6012, Vol. 3, No. 2, December 2018. PUBLICATION

a momentum especially when women started divorce was inquired into. In the study vast
entering into employment that leads to the majority of the respondents are literate. Among
incompatibility of gender roles between men and the respondents 4% of male and 8% of female
women [9]. Further, changing demographic are post graduates. The percentage of
contexts from rural to metro life, the shift from undergraduate women is almost double than that
joint family to nuclear family resulting in the of men. The data also indicates that female
individualized notion, selection of spouse, etc. respondents were better educated than male.
have contributed to the increased unstable There is much relationship between occupation
marriages in India. Finding the right home for a and marital and family life. The study of
son or daughter is a matter of great family occupations today lays so much emphasis on the
prestige. Ending a marriage is often not just individual and his/her personality that it is
about a couple going their separate ways but of worthwhile to note its role in marital discord.
two families, sometimes with business or The information concerning the occupation of
political ties, disentangling themselves. The the respondents explains that 42% were private
shame of a divorced child also makes it harder employees. However, when we see the male and
for parents to find suitable matches for their female respondents’ separately highest
other children. But that is changing too [10, 11]. frequency of male i.e. 40 % were self employed
and 48 % female were private employees.
3. GROUNDS FOR DIVORCE IN INDIA :
Nature of residence is an important aspect as far
In most Western nations, there are as marital adjustment and divorce are concerned.
approximately 16 distinct reasons for which So, the nature of residence of the respondents
divorces are granted. India has different divorce was enquired into. The study shows 62% of the
laws for different religions. Almost all the respondents belong to the rural family origin
religions have their own divorce laws in India while 24% were of semi-Urban in origin and the
which are used among themselves. There are rest 14 % were of Urban in origin. The marital
separate laws for inter-cast or inter-religion disruptions also related to the types of family,
marriages. Hindu (including Sikhs, Jains and whether joint or nuclear. Vast majority 54% of
Buddhists): Hindu Marriage Act, 1955, the present study lived in nuclear families. 44%
Muslims:Dissolution of Muslim Marriages joint families and the rest 2% were belonging to
Act, 1939, Christians:Indian Divorce Act, extended family. However, when we see both the
1869, Parsis:The Parsi Marriage and Divorce male and female respondents separately majority
Act, 1936, Inter-Cast or Inter-Religion: Special 66% of female respondents were from nuclear
Marriage Act[12, 13]. families and major group 58% of the male
4. RESULTS &DISCUSSION : respondents were from joint families. It shows
that for female who were brought up in nuclear
Age of the respondents is one of the important families it is difficult to adjust in joint families
variables in the present study. While analysing and male who were adjusted to joint families
on this variable, the data shows that vast most of the time have difficulty in getting along
majority (70%) of the respondents fall between with his wife. In India free movement of the
the age group of 30-39 years. Majority of the spouses is not allowed, especially in the presence
divorce cases in male was seen after 35 years, of the elders even now.Numerous studies have
however, in female majority of the divorce cases shown that couples with children are less likely
were seen before 35 years. Education is another to divorce when compared to the couples without
important variable associated with divorce. In children. Divorce is more common among
tune with the general perception that a greater childless couples. Child acts as a cementing
number of divorces accompanies the educational factor between the spouses. Many spouses
status of women, it is reported that women with especially females tolerate hardships and
higher education took recourse to divorce to end problems for the sake of children. In the absence
marital incompatibility. Therefore, the of children, the motivation to stay together under
educational status of the couples involved in
Pinto Vincent et al, (2018); www.srinivaspublication.com PAGE 154
International Journal of Management, Technology, and Social SRINIVAS
Sciences (IJMTS), ISSN: 2581-6012, Vol. 3, No. 2, December 2018. PUBLICATION

stress and strain is considerably less. In this study consent. In the other 70% cases the grounds for
66% of the respondents did not have children divorce were either of the one which was
goes to prove among other things, that specified in the Marriage Acts. 16% was of
childlessness and divorce have inter-relationship. adultery, 14% was of cruelty, 10% was of
In other words, childlessness facilitated easy desertion, 6% was of impotency, 6% was of non
divorce. Further in majority of the cases, the restitution of conjugal rights, 2% each of
strain on the marital relationship started within impotency and religious conversion and 16% of
the first year of marriage, and the natural love other causes. When we take the male and female
and affection starts deteriorating soon. Of course, cases separately in 36% of the male respondents
there are a few cases of impotency and a few the decree was granted on mutual consent
cases where the couple could not have children, followed by desertion 20% and adultery 14%.
even after staying together for quite some time. However, in female highest frequency 24% of
However, it is alarming to note that 34% of the the cases the decree was granted on cruelty from
respondents had children. the side of their spouse. Fonseca has pointed out
Today factors like education, employment, that “the typical kind of joint family or in some
economic stability makes people to think for cases extended family has been the reason for
divorce, before going to give chance for second conflict and has led to dissatisfaction among
thought about the future. In this study 58% of many modern couples”. Vast majority 54% of
the cases were initiated by women. Among male the respondents of the present study lived in
& female respondents we see separately in nuclear families. 44% were in the category of
highest frequency of male respondents 54% said joint families and the rest 2% were belonging to
that they initiated the filing of divorce petition. extended family.
However, among the female respondents highest The study results show that a huge group of
frequency 72% of female initiated filing of respondents(88%)had a positive acceptance
divorce petition. In this study, the number of from their family members, friends and society.
female going to the court first time for divorce is The study states that the highest number of
more 58% than that of the male 42%. In some divorced women had full sympathy from their
cases, the husband and wife together filed the parent and friends. Due to the strong social
divorce petition. Before 1976 an application bondage, divorcee receives good treatment from
could not be submitted jointly. In some other parents & others in India. Divorce is a personal
cases, the divorce was granted on mutual tragedy. The gravity and implications of anguish
consent.The result reveals that the major cause & pain depends on the treatment he/she receives
of divorce is Unwillingness to compromise. from the society. After having received such a
There were 77% respondents who felt this way. great defeat and failure in personal life, many
Second in importance was not satisfied with people shrink from other people altogether.
each other 54% respondents. This was reacted to Some avoid people for a long time and then try
by poor communication of the spouses 52%, to come back gradually. Reaction of the
quarrelsome disposition of spouses 48%, Ego communities concerned towards the divorcees is
between partners 38%, Interference by third very significant, because, it is the community
parties 36% respondents respectively. An which determines the status of the individual in
interesting feature reveals that the financial the community.
causes and urban- rural differences as the base
5. SUGGESTIONS :
for divorce. Only 16% of the respondents felt
that the problems of finances can lead to The findings of this study have great
divorce. implications for social work practice, social
In Judicial Dissolution of Marriage ground on scientists and other helping professions,
which the court sanctions the divorce decree is particularly in the area of measures to reduce
an important factor. In this study 30% of the family violence and maintenance of marital
cases of divorce was granted through mutual stability. Having identified and discussed those

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International Journal of Management, Technology, and Social SRINIVAS
Sciences (IJMTS), ISSN: 2581-6012, Vol. 3, No. 2, December 2018. PUBLICATION

factors in relation to divorce rates, it is pertinent impetus, if not entirely changing. With the
to stress two general strategies for responding to advancement of time, spread of education and
the problem of divorce. They are: Strategies to campaigns of human rights activists, divorce has
prevent divorce and strengthen marriages, and become a way to break free from the marital
Strategy to strengthen post-divorce families.In clutches for many women. Couples facing
the first case, one strategy is to promote couples difficulties in equating their levels of
to participate in premarital education before compatibility are now filing for divorce in order
getting married. The policy makers advocate to renew their life afresh. In a modern society,
strengthening marriage by reforming divorce dissolution of marriage derives from the idea
laws to make divorce harder to obtain. And in that living an independent life is better than
the second case, negative consequences of keeping marriages in terms of personal welfare.
divorce for children may be minimized. This is As a decade ago, divorce was considered as one
achieved when divorcing couples are of the dirtiest social phenomena’s in India is
encouraged to participate in ‘divorce mediation’. now comfortably accepted for silly reasons.
In divorce mediation divorcing couples meet Some have seen this as a sign of social and
with ‘a neutral third party’, a ‘mediator’, who moral disruption with a potential to shatter the
helps them reduce issues of property division, family institution and the foundations of society
child custody, child support, and that encourages itself.
cooperation between the couples. Marriage or
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Sciences (IJMTS), ISSN: 2581-6012, Vol. 3, No. 2, December 2018. PUBLICATION

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